N.Y.
Insurance Law Section 340
Report of claims that may result in a monetary award
(a)
Definition; for the purposes of this section: “Central reporting organization” shall mean any entity which receives from, assimilates or disseminates information to insurers or the department of social services regarding bodily injury, wrongful death and death benefits.(b)
Insurers shall report within a reasonable period of time to a central reporting organization of its choosing all claims filed for bodily injury, wrongful death and death benefits under any policy which provides coverage for liability for injury to person, except claims for medical malpractice, workers’ compensation or other similar insurance required by law, and comprehensive motor vehicle insurance reparations benefits. The central reporting organization shall in turn report this information to the department of social services.(c)
An insurer shall be deemed to be in compliance with this section if such information was reported within a reasonable period of time to the central reporting organization with which the insurer contracts.(d)
In the absence of fraud or bad faith for failure to make or file any report pursuant to this section, no person subject to this section or acting under authority of this section shall be subject to civil liability, and no civil cause of action shall arise against such person for the furnishing of any information pursuant to this section. Nothing herein shall abrogate or modify in any way an immunity privilege, provided in statute or by common law.(e)
No person making any report pursuant to this section shall be compelled to provide such information, or any report thereof, to the superintendent.(f)
Insurers or central reporting organizations complying with this section shall have immunity in accordance with provisions of section 50.20 of the criminal procedure law.(g)
Personally identifying information about applicants and recipients of public assistance obtained through the establishment or operation of any reporting program established by this section by the department of social services, social services districts or by a contractor shall be kept confidential in accordance with Social Services Law § 136 (Protection of public welfare records)section one hundred thirty-six of the social services law and the regulations of the department of social services.
Source:
Section 340 — Report of claims that may result in a monetary award, https://www.nysenate.gov/legislation/laws/ISC/340 (updated Sep. 22, 2014; accessed Oct. 26, 2024).
